140 Substitution help

[Dec2002485]

One of my friend filing I-140 on a Labor substitution basis. The petition requires to submit the Original Labor certification. But his present company has already filed I140 for a other person and withdrew the same, so they say they dont have the original LC. Also, they are telling him he can file with a copy of LC.

Do you know what happens when the I140 PETITION withdrawn, is it true INS will retain the original LC are send it back to the petitioner.

Can he apply for the 140 without the Original LC mentioning that if that LC is with INS

Please let us know if some one has a cover letter for I140 on LC substitution basis

 

[whs]

i had same situation

I filed in my I140 with substitute LC. My co-worker filed his I140 with this LC and then he withdrawed I140. I filed it with the LC copy and I got my I140 approved. As I understand, my lawyer signed on the copy which means this is the exact copy of the original. You may check with your lawyer.

 

[Mechman]

My I140 also got approved a year back. The situation was exactly same as whs. So I think your friend can file the same way, what we did.